Allahabad High Court
YUSUFversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The High Court refused to quash the charge‑sheet, warrant or proceedings and ordered the applicant to surrender within three weeks, staying coercive action during that period.
Summary
The applicant, Yusuf, filed an application under Section 528 of the Criminal Procedure Code seeking to quash Crime No.190 of 2016 (State of U.P. v. Yusuf) which involved charges under Sections 398 and 401 of the IPC, the charge‑sheet dated 25‑02‑2014 and a non‑bailable warrant. The High Court examined the record and found no ground for interference, refusing to set aside the charge‑sheet, warrant or the proceedings. The Court, however, directed the applicant to surrender before the Special POCSO Court within three weeks, staying any coercive action during that period. It noted that the applicant had already been granted bail and should not be compelled to furnish a fresh bond. The application was consequently disposed of.
Issues considered
- Whether the High Court can quash the charge‑sheet, non‑bailable warrant and proceedings in the underlying case under Section 528 CrPC.
- Whether the applicant should be directed to surrender and what conditions, if any, apply to his bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Indian Penal Code — s. 398, 401
Subjects
- Section 528 CrPC
- quash of proceedings
- non‑bailable warrant
- POCSO
- bail
- criminal procedure
- charge‑sheet
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38274 of 2026
Yusuf
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for applicant and learned AGA for State.
2. The instant application has been preferred for seeking quashing of Case
Crime No.190 of 2016 (State of U.P. vs. Yusuf and others) under sections
398 & 401 I.P.C, Police Station Noida Sector-49, District Gautam Budh
Nagar, pending in the court of learned Additional District Judge/Special
Judge POCSO-2, Gautam Budh Nagar, including charge-sheet dated
25.02.2014 as well as non-bailable warrant issued against the applicant.
3. On perusal of entire record appended along with instant application, this
Court does not find it to be a case where interference of this Court is
required. No such ground appears to be available in the present application,
on the basis of which, impugned charge-sheet, non-bailable warrant and the
entire proceedings of above-mentioned case, can be set aside.
4. Accordingly, the prayer sought through the instant application, is refused.
5. Thereafter, learned counsel for applicant submitted that liberty may be
granted to applicant to surrender before the court concerned in pursuance to
non-bailable warrant issued against him in this case, over which learned
AGA has no objection.
6. Considering the facts and circumstances of the matter, applicant is hereby
directed to appear before the learned court concerned in pursuance to
impugned non-bailable warrant issued against him within three weeks from
today. Till three weeks from today, no coercive action shall be initiated
against the applicant. After the expiry of aforesaid period of three weeks,
NA528 No. 38274 of 2026
2
learned concerned court is directed to proceed as per law.
7. Lastly, learned counsel for the applicant submits that applicant has already
been granted bail in this case and as such learned court concerned may not
compel him to prefer fresh bond and surety.
8. With the aforesaid observation, the application is disposed of.
September 11, 2026
Saif
(Saurabh Srivastava,J.)
Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad
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